KELLY v. UNITED STATES

No. 13896.

197 F.2d 162 (1952)

KELLY v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 7, 1952.


Attorney(s) appearing for the Case

Henry R. Carr, Miami, Fla., for appellant.

Ernest L. Duhaime, Asst. U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges.


BORAH, Circuit Judge.

Walter Kelly was convicted on three counts of an indictment charging the unlawful possession, concealment, and transportation of distilled spirits in violation of § 2803(a) and 3116 of the Internal Revenue Code, 26 U.S.C. §§ 2803(a), 3116.

Before the trial the defendant moved to suppress the evidence, which served as a basis for the conviction, on the grounds that it had been obtained by an unreasonable search and seizure...

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